CIT Passes Scheduling Order in Solar Cell Duty Pause Suit Should Jurisdiction Be Established

The Court of International Trade on March 1 issued a scheduling order in the lawsuit challenging the Commerce Department's pause on antidumping and countervailing duties on solar cells and modules from Southeast Asian countries found to be circumventing the AD/CVD orders on these goods from China (Auxin Solar v. United States, CIT # 23-00274).

Judge Timothy Reif said that if the court denies the government's motion to dismiss the suit and finds that the court has subject matter jurisdiction under Section 1581(i), the court's "residual" jurisdiction, the parties shall file a proposed schedule within 14 days after the government's answer. If there's no agreement, then each party shall file a proposed schedule no later than 14 days after the filing of an answer.

The suit was brought by solar cell maker Auxin Solar and solar module designer Concept Clean Energy under Section 1581(i). The U.S. moved to dismiss the action, claiming it actually belongs under Section 1581(c) -- the provision allowing the court to hear challenges to decisions made by Commerce (see 2401230040).